Summary
The Supreme Court of Oklahoma approved Roy Marion Lewis Calvert’s resignation from the Oklahoma Bar Association while disciplinary proceedings were pending. The order struck his name from the roll of attorneys, required compliance with client-notification and file-transfer obligations, and barred him from seeking reinstatement for five years. The order also addressed potential Client Security Fund reimbursement and waived proceeding-related costs.
Topics
Practice areas
Questions Presented
- Whether Calvert's voluntary resignation from the Oklahoma Bar Association while disciplinary proceedings were pending complied with Rule 8.1 of the Rules Governing Disciplinary Proceedings and should be approved.
- What consequences and conditions follow from approval of a resignation pending disciplinary proceedings.
Holdings
- The voluntary resignation complied with Rule 8.1 of the Rules Governing Disciplinary Proceedings and was approved.
- A resignation pending disciplinary proceedings is tantamount to disbarment; the attorney's name must be stricken from the Roll of Attorneys, and the attorney may not apply for reinstatement for five years from the order's effective date.
- Calvert was required to comply with Rule 9.1 by notifying clients, withdrawing from pending cases, and submitting the required affidavits and lists; repayment of Client Security Fund expenditures was required before any future reinstatement.
Key quotations
“Because resignation pending disciplinary proceedings is tantamount to disbarment, the Respondent may not make application for reinstatement prior to the expiration of five (5) years from the date of this order pursuant to RGDP Rules 8.2 and 11.1.” (at 253)
Factual background
The Oklahoma Bar Association was investigating a grievance concerning Calvert's alleged felony possession of child pornography in a Stephens County criminal case. Calvert voluntarily admitted the ongoing investigation, waived his right to contest the allegations, and acknowledged that the allegations, if proven, would violate Oklahoma professional-conduct rules and his attorney's oath. He agreed to comply with post-resignation requirements concerning client notification, withdrawal from cases, potential Client Security Fund claims, and any future reinstatement.
Procedural history
The Oklahoma Bar Association submitted an application seeking approval of Calvert's resignation, and Calvert submitted an affidavit under Rule 8.1 of the Rules Governing Disciplinary Proceedings. The Supreme Court of Oklahoma approved the resignation, struck Calvert's name from the Roll of Attorneys, imposed conditions concerning client notification and Client Security Fund repayment, and waived proceeding costs.